Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 154

             (1)  A person appearing before the Registrar as a witness must not:

                     (a)  refuse to be sworn or to make an affirmation; or

                     (b)  refuse to answer questions that he or she is lawfully required to answer; or

                     (c)  fail to produce any document or thing that he or she is lawfully required to produce.

Penalty:  10 penalty units.

          (1A)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the Criminal Code .

             (2)  An offence under this section is an offence of strict liability.

Note 1:       The Reader's Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914 ).

Note 2:       For strict liability , see section 6.1 of the Criminal Code .